Affidavit of Heirship

Create Document

An affidavit of heirship is a document identifying the heirs to a deceased person’s estate. It’s used by the courts to determine a decedent’s lineage and which individuals are entitled to inherit assets or property. The use of an affidavit of heirship varies per state; some require it only when an estate has not gone through probate or administration, while others require it for all estates.

Affidavit of Heirship

An affidavit of heirship is a document identifying the heirs to a deceased person’s estate. It’s used by the courts to determine a decedent’s lineage and which individuals are entitled to inherit assets or property. The use of an affidavit of heirship varies per state; some require it only when an estate has not gone through probate or administration, while others require it for all estates.

Create Document
PDF
Word (.docx)
OpenDocument
PDF
Word (.docx)
OpenDocument

Last updated November 25th, 2024

Document Preview

An affidavit of heirship is a document identifying the heirs to a deceased person’s estate. It’s used by the courts to determine a decedent’s lineage and which individuals are entitled to inherit assets or property. The use of an affidavit of heirship varies per state; some require it only when an estate has not gone through probate or administration, while others require it for all estates.

Downloads: 8
  1. Home »
  2. Affidavit »
  3. Affidavit of Heirship

What an Affidavit of Heirship Is

An affidavit of heirship is a sworn statement that lists the individuals eligible to inherit a decedent’s estate. It is completed by a disinterested party (someone without any claim to the estate) and signed before a notary public. Depending on the jurisdiction, submitting the affidavit may be required as part of the petition for probate.

In some states, such as Texas, an affidavit of heirship is generally only necessary when the decedent didn’t leave a will. Other states, such as New York, require the affidavit for all estate proceedings.

Where to get an Affidavit of Heirship

A blank affidavit of heirship can be obtained from the county clerk, online, or drafted by an attorney.

Who fills out an Affidavit of Heirship

A disinterested party must complete and sign an affidavit of heirship. This is an individual not entitled to any of the decedent’s estate. Some states may have additional requirements, such as that the individual must have known the decedent for a specific number of years.

Sample

Download: PDF, Word (.docx), OpenDocument

AFFIDAVIT OF HEIRSHIP
RE: ESTATE OF [DECEDENT NAME]

I, [AFFIANT NAME], being duly sworn, depose and say:

1. I am over the age of 18 and reside at [AFFIANT ADDRESS]. My relationship to the decedent is [RELATIONSHIP]. I knew the decedent for [#] years from [MM/DD/YYYY] until the decedent’s death.

2. The decedent died on [MM/DD/YYYY], and their place of death was [PLACE OF DEATH]. At the time of their death, the decedent’s residence was at [DECEDENT ADDRESS].

3. I hereby answer the following based on my personal knowledge of the decedent and they are true and correct to the best of my knowledge:

    1. Did the decedent leave a will? ☐ Yes ☐ No
      • If yes, has it been filed with probate? ☐ Yes ☐ No
      ◦ If yes, in what county and state? [COUNTY AND STATE]
    2. If the decedent did not leave a will, has there been an administration of their estate? ☐ Yes ☐ No
      • If yes, in what county and state? [COUNTY AND STATE]
      ◦ If yes, who is the appointed administrator? [ADMINISTRATOR NAME]
    3. At the time of death, the decedent’s marital status was:
      ☐ Married       ☐ Divorced       ☐ Single       ☐ Widowed

4. The decedent’s marital history is as follows:

Spouse Name Date of Marriage Date of Divorce Date of Death
[SPOUSE NAME] [MM/DD/YYYY] [MM/DD/YYYY] [MM/DD/YYYY]
[SPOUSE NAME] [MM/DD/YYYY] [MM/DD/YYYY] [MM/DD/YYYY]
[SPOUSE NAME] [MM/DD/YYYY] [MM/DD/YYYY] [MM/DD/YYYY]

5. The decedent had the following children (biological or adopted):

Child Name Date of Birth Address Spousal Parent Date of Death
[CHILD NAME] [MM/DD/YYYY] [CHILD ADDRESS] [PARENT NAME] [MM/DD/YYYY]
[CHILD NAME] [MM/DD/YYYY] [CHILD ADDRESS] [PARENT NAME] [MM/DD/YYYY]
[CHILD NAME] [MM/DD/YYYY] [CHILD ADDRESS] [PARENT NAME] [MM/DD/YYYY]

6. If the decedent had any deceased children who were survived by their own children, fill out the information below. The decedent had the following grandchildren who are heirs of their deceased child(ren):

Grandchild Name Date of Birth Address Parent Name
[GRANDCHILD NAME] [MM/DD/YYYY] [GRANDCHILD ADDRESS] [PARENT NAME]
[GRANDCHILD NAME] [MM/DD/YYYY] [GRANDHILD ADDRESS] [PARENT NAME]
[GRANDCHILD NAME] [MM/DD/YYYY] [GRANDCHILD  ADDRESS] [PARENT NAME]

7. If the decedent was not survived by any children or grandchildren, fill out the information below. The decedent’s mother was:

Mother Name Date of Birth Address Date of Death
[MOTHER NAME] [MM/DD/YYYY] [MOTHER ADDRESS] [MM/DD/YYYY]

The decedent’s father was:

Father Name Date of Birth Address Date of Death
[FATHER NAME] [MM/DD/YYYY] [FATHER ADDRESS] [MM/DD/YYYY]

8. If the decedent was not survived by any children, grandchildren, or parents, fill out the information below. The decedent had the following siblings (biological or half):

Sibling Name Date of Birth Address Date of Death
[SIBLING NAME] [MM/DD/YYYY] [SIBLING ADDRESS] [MM/DD/YYYY]
[SIBLING NAME] [MM/DD/YYYY] [SIBLING ADDRESS] [MM/DD/YYYY]
[SIBLING NAME] [MM/DD/YYYY] [SIBLING ADDRESS] [MM/DD/YYYY]

9. If the decedent had any deceased siblings who were survived by their own children, fill out the information below. The decedent had the following nephews and/or nieces who are heirs of their deceased sibling(s):

Nephew/Niece Name Date of Birth Address Parent Name
[NEPHEW/NIECE NAME] [MM/DD/YYYY] [NEPHEW/NIECE ADDRESS] [PARENT NAME]
[NEPHEW/NIECE NAME] [MM/DD/YYYY] [NEPHEW/NIECE ADDRESS] [PARENT NAME]
[NEPHEW/NIECE NAME] [MM/DD/YYYY] [NEPHEW/NIECE ADDRESS] [PARENT NAME]

10. Did the decedent own interest in any real property? ☐ Yes ☐ No
If yes, provide the legal description of each property: [PROPERTY DESCRIPTION]

11. Did the decedent leave any unpaid debts at the time of death? ☐ Yes ☐ No
If yes, list the debts: [DEBTS]

By signing below, I am declaring under penalties of perjury that I have read the foregoing affidavit of heirship and the facts stated therein are true to the best of my knowledge.

(Do not sign until you are in front of a notary or clerk.)

Affiant’s Signature: _____________________________
Print Name: [AFFIANT NAME]
Date: ______________

NOTARY ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

State of [STATE]
County of [COUNTY]

The foregoing instrument was acknowledged before me, [NOTARY PUBLIC NAME], on [MM/DD/YYYY], by the undersigned, [AFFIANT NAME], who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

WITNESS my hand and official seal.

Signature: ________________________

(Seal)